Elray Kocke Service, Inc. and United Retail, Wholesale and Department Store Employees of America, CIO (1944)

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1 Cornell University ILR School Retail and Education Collective Bargaining Agreements - U.S. Department of Labor Collective Bargaining Agreements Elray Kocke Service, Inc. and United Retail, Wholesale and Department Store Employees of America, CIO (1944) Follow this and additional works at: Thank you for downloading an article from DigitalCommons@ILR. Support this valuable resource today! This Article is brought to you for free and open access by the Collective Bargaining Agreements at DigitalCommons@ILR. It has been accepted for inclusion in Retail and Education Collective Bargaining Agreements - U.S. Department of Labor by an authorized administrator of DigitalCommons@ILR. For more information, please contact hlmdigital@cornell.edu.

2 Elray Kocke Service, Inc. and United Retail, Wholesale and Department Store Employees of America, CIO (1944) Location Donaldsonville, LA Effective Date Expiration Date Employer Elray Kocke Service, Inc. Union United Retail, Wholesale and Department Store Employees of America NAICS 44 Sector Private Item ID b132f028_38 Keywords collective labor agreements, collective bargaining agreements, labor contracts, labor unions, United States Department of Labor, Bureau of Labor Statistics Comments This digital collection is provided by the Martin P. Catherwood Library, ILR School, Cornell University. The information provided is for noncommercial, educational use, only. This article is available at

3 *1 f / r /. A u ^ ^ c THIS AGREEMENT iadk AND ENTERED INTO THIS? JLf/iJ. UT -fc!9j i _, toy and. tot.tv.oon ELKAY KOCKE SERVICE, Inc. of Donaldsonville, Louisiana, (hereinafter referred to as EilPLOYKR) ani UNITED RETAIL, P.HQLESAIE & DEPARTiliNT STORE -altrloyees OF AMERICA, affiliated with the Congress of Industrial Organization, (horoinafter referred to as UNION.) W H N K 88ETH: WHEREAS, the parties hereto desire to coo orate in establishing Just and equitable terms and conditions of employment, and to provide methais for fair and peaceful Jidjustment of differences that may arise between them, NOW, T5IEREFCKE, the parties hereto have agreed that employment toy the E JPLOYER shall toe under the following terms and conditions of employment; ARTICLE I. APPLICABILITY OP AGRiLallNT. Section 1. During its term, this agreement shall apply to, ajid the benefits and obligations thereof accrue to all employees of ELRAY KOCKE P-xKVICE, Inc*, Donaldsonville, Louisiana, except office <orsonnel, department heads, forraan, watchmen, ini any supervisory employees of said E.IPLCYER, and it shall not apply to any out-sile contracts or any work which would not ordinarily toe handle toy the regular crew of the EL'LOYHR. Section 2* The terras "Employee or Employees" when used hereinafter shall apply to and include the employees to whom this agreement is made applicable toy preceding section of this article. ARTICLE II. RELATIONSHIP BETWEEN E.IPLGYER AND UNION. Section 1. The Employer hereby recognizes, and during the term of t lis agreement will continue to recognize and deal vith the Union as the sole and exclusive collective bargaining agency and representative of all of its employees as hereinbefore defined, for the purpose of collective bargaining, concerning grievances, labor disputes, wages, rates of pay, hours of e ploy lent -nd other conditions of work.

4 Section 2. The Employer will retain as employees only such persons who now are and hereinafter remain members of the Union in good standing; providing, however, that employees of the Employer who are not now members of the Union shall become members of the Union within thirty days after the execution of this agree)lent, and shall thereafter remain members of the Union in good standing; and rovidod,.further, that any person hereafter hired, or rehired, shall make application for membership in the Union within thirty days or sooner upon their hiring or rehiring and shall be retained as employees only if they are accepted as members of the Union?ind thereafter remain members of the Union in good standing. It is understood and agreed that no application for membership shall be rejected or denied if the new employee be a person of good reputation. Section 3* The Employer agrees to deduct for the duration of this agreement individual Union membership lues find initiation fees. The secretary of the Union will furnish the company with a list of its members each month not later than the fifth day of the calendar month and said money deducted shall be submitted to the Secretary in the narie of the Union not later than the twenty-fifth day of each month. ARTICLE III. HOURS OBs' WORK, OV UTIHK, AND HOLIDAYS. Section 1.. (a) The regular work week shall consist of five consecutive days commencing with 12:01 a.m. on Monday, and ending at 12:00 midnight on Friday of each week. All hours worked in excess of forty hours in this period shall be paid at one and one-half time3 the employee s standard rate. Employee shall not be entitled to more than one over-time payment for the same hours worked. (b) All work performed on Saturday shall be paid at a premium rate computed at one and one-half times the employee s standard rate, provided the employee worked on the previous five days. All work perfarmed on Sunday shall be paid a oreraium rate computed at double the employee*a standard rate provided the employee worked the previous six days. (c) In the event an employee reports for work and the employer does not provide work, such day or days shall, nevertheless, be counted in computing the sixth and seventh consecutive days of work.

5 n Svotioft?. TV.*» fallowing of thi* *Kr<** >rm\9 o* the r^co^nizerl holidnys for the purposes all work performed thereon shall "be paid a ur^ lix". rate computed at one and one-half tines the employee s standard rate: Hew Toar s Day Fourth of July Thanksgiving Day Good Friday Iefcor Day Christmas Day In the event no work is performed cn any of these holidays, they shall, nevertheless, be counted as eight hours worked In computing the sixth and seventh day of work. In the event work is performed on these days, the premium earnings shal not be deducted from any over-time earnings of that pay-roll week. Only one over-time shall be paid for same hours worked* Section 3. No time is guaranteed because a man reports to work In the morning at regular hours, but every effort will be made so that a man does not have to report to work needlessly. However, if a man is sent far he shall then be oald a minimum of two hours. If called the second time the same day, only the additional time worked shall be figured. However, If called after 7*00 p.ra. and or between 7*00 p.m. and 5*00 a.*. he shall be paid a minimum of two hours. Even If he actually worked less «than two hours. AOTCIB IV. VACATION. Section 1. All employees covered by this agreement and having been con- tinously In the employ of the Company for one (l) year or mors, shall receive one weeks vacation with standard or straight pay, for forty hours. ARTICI3 V. WAGES AND RATES OF PAY. Section 1. The Employer will pay all employees on the first Saturday following the week ending Sunday at midnight. Should Saturday be a holiday such as Christmas or New Years the first Friday following Sunday shall be the Pay Day. Z 0

6 FI.. d^ itifipl Section 2m During the life of this agreement, unless the e nployoe has ho on transferred to a lower rated j oh, tho E iployer shall not reduce the rates of pay of any employee, or any job, and shall maintain, the wage rate which, at the time of execution of tills agree.lent as being paid to such employee, or for such Job, or the wage rate for such employee or such Job set forth for each classification of work in Schedule hereto attached and made part hereof, whichever is the higher. Section 3, In the event during the terra of this agreement new positions or classifications are created, the company and the union shall mutually agree upon the rates of pay for such new positions or re-classifications, ARTICLE VI. HIRE, SENIORITY AND TENURE OR EUPLOTuENT. Section 1, Subject to the other provisions of this agreement, the Employer shall retain full power of discharge and discipline; it being specr if leal ly understood and agreed that this power shall be exercised with justice and due regard to the reasonable rights of the employee, find that no employee shall be discharged or disciplined without good and substantial cause. Section 2. During the slack seasons and other periods of lowered production, the work available in each class effected shall be equally divided amongst all employees in the class, so far as this can practically be done without substantially reducing the efficiency of the plant, but in no case shall the division of work be carried to the point at which the employees of the affected class will be afforded less than twenty-four (24) hours of work per week provided however, that the employer will not be responsible to f u m i h h work over periods of unusual rains, storms, floods, fire or epidemic or any act of God, The questi on or whether or not the division of work in a given class has reached the point where it substantially reduces the efficiency of the plant diall be determined by agreement between Employer and the Union, Section 3, In the event that production schedules or business decreases the amount of work availiable so that a lay-off becomes necessary employees i 70' 6/

7 shall he i&ii off in the inrorsa order of their seniority In their respective departments as hereinafter defined. Section 4. Any ei_ loyee transferred tron one position or department to another sha 1 he Junior in seniority in the department or position to which he Is transferred ; his seniority standing in that department to he computed from the day of his transfer. The employee however, shall retain his seniority in the department from which he is transferred. To his record of service in that deportment shall he added the period during wiiich he is employed in his new department. If it becomes necessary to lay off the transferred employee tram the department to which he has he on transferred, he shall he reinstated in the department from which he was transferred, in accordance with is seniority standing. therein. If the employee refuses to return to his original department, the employee shall lose his seniority rights and standing in that de;>artmant. Section 5* Upon re-employment after lay-offs, the employees laid off shall he re-e.ployed in the order of their seniority, as soon as the Employer shall increase the number of workers in any given department. Section 6. When a now position is created, or a vacancy occurs in any department which would he considered an improvement in working conditions, or a promotion for any employee in the said department, the employee having seniority in the depart ent and ability to do the work shall he given a trial in said vacancy or new position. It is understood the employe must he capable in order to obtain or hold his new position. The rate of pay, if higher than former Job, shall not apply until the job has "been mastered. This should he deter lined by Employer or Supt. Shop committee shall have right to request the Supt., or employer to explain in what manner the job is not being mastered. Section 7, The Union, upon request, shall he advised of the reason or reasons why an employee was not chosen to fill the new position or vacancy.

8 socti n 8. The members of the Union Shop Commltte as hereafter provided for, during the term of their office, shall head the seniority list for the purposes of lay-off and re-hire only. Section 9* Employees failing to report for work without good and valid reasons after receiving notice from the Employer to report during three different periods of restoration of farces, shall be dropped from the seniority roster. Secti n 10. Any employee absenting himself from work far three (3) consecutive days without any good reason, may be dropped from the seniority roster, Section 11. The Employer shall prepare a seniority list based upon the length of service of employees in all departments of the plant in so far as it is possible and this list shall be availiable to the Union or its representatives far reference purposes at any time in connection with the matters concerning seniority or any employees under the terms of this agreement. Section 12. Seniority shall be computed fron the date of hiring. Any employee who is laid off 12 consecutive months shall be removed from the seniority roster. Section 13. Supervisory employees shall not be permitted to perform the work of any other employee when their doing of such work will cause loss of working time to any other employee. Section 14. No work which can be performed by employees available for such work shall bo given to other persons to perform, provided, hovevar, that the Employer is free to contract with outside contractors far the erection of new buildings, new eauiprnnt, and major alterations, or Employer may call in a sub-contractor to do certain over-flow of work, or may work on a Job Jointly with crew of another E ployer whose men may or may not belong to a Union.

9 Section 15.. Any employee who volunteers for, r has been drafted, into war service far the United States, shall retain his seniority standing, and the time spent by him in such service for the United States shall he added to his length of service for the Employer. If, within sixty (60) days of his release or discharge from such war service, such employee applies to the Employer far reinstatement, and if he is physically fit for the position applied far ho shall he reinstated in accordance with the provisions of the then existing contract, as modified hy this section. ABTICIE VII, ADJUSTMENTS OF GRIEV'iNCKS AID DISPUTES. Section 1, All differences and disputes between the Employer and the Union, or any of its members, arisin out of, under, or with reference to the terms of this agreement, except questions of matters affecting any changes or modifications of this agreement upon the renewal there-of, m or the terms of any new agreement shall be adjusted and settled in the following runner: (a) The matter shall be referred to the Union Shop Committeeman, acting for the employee and the Union, and the Plant Superintendent acting for the Employer. In the event the matter is not thus adjusted, (b) The matter shall then be referred to the Union Ship Co omit tee, and the Committe representing the Employer. If the matter is not thus adjusted within a period of fifteen days (15) from the reference thereof to the Employer' 3 Committee and the Committee representing the Union. ' (o) Tie matter shall then be referred to an arbitrator to be elected during the said period of fifteen days. In the event the parties can not agree upon an arbitrator, tie shall be named by the Conciliation Service of the United States Department of Labor. 2he decision of the arbitrator shall be renders! in writing And whan thus rendered shall be final and binding upon all the parties, hereto, (d) The expense of the arbitration and the compensation of the arbitrator shall be shared equally by the Employer and the Union.

10 Section 2. The Employer agrees to permit duly accredited business representatives of the employees, else tod or appointed by tne Union to visit his lant at any time during working hours, providing permission be obtained from the Employer, and in visiting say nothing or do anything that will interfere with operation of the business or work. Section 3# During the term of this contract, there shall be no strikes, stoppage of work or lookouts. ARTICLE VIII. GENERAL PR07ISICNS. Section 1. It is agreed tliat the Employ r will furnish and maintain such sanitary facilities as are required and practical and the Union agrees to cooperate in maintaining those facilities in good condition. It is further agreed that the Employer shall furnish and maintain such necessary safety facilities as may be required from time to time and the Union agrees to cooperate with the Company in keeping such facilities in good order. However, nr wearing apparel of any kind shall be furnished by the Employer. ARTICLE IX. OBLIGATICNS AND TKR1 OF AGREE EUT. Secti n 1. Tills agreement shall become effective immediately upon its execution, and shall be binding upon the parties hereto, their successors and assigns, until the ^lst. day of Naroh otherwise it shall run from year to year, unless either party hereto shall notify the other in writing at least thirty (30) days prior to the ex iration to change or terminate the said agreement. Section 2. Should either party give notice as aforesaid to the other of an iiitention to change any of the terras of this agreement, upon the ex-» ;iration of the term or any extension thereof, then within ten (10) days from the said notioe, representatives of the Employer and the Union shall meet to discuss, negotiate and agree upon such changes. If no agreement as to such changes is arrived at before the expiration of the term of any then current extension of the term of this agreement,

11 Jgij>,3,? c- L i? 8LS. h a A i m (HSPEHKKD TO IN ABTICIB V., SECTION f.) The Poll owing Shall Be The Standard Wages, Bates Of Pay And Classification, Towlt: Class Utility $.60 per hr. Special Carpentar No- 1 Jen NO. 2 * NO. 3 " NO- 4 NO. 5 M.56 * -.53 " ".53 " ".49 * *.45 * *.42 ".40 " i m k m v m Our #8 942-White Tandem Driver.68 per hr Class fjo. 1 Driver - HD. 2 " «m m No «n 0/0. 4 «/\ 0. f m n N m «x 5 O' Cf

12 i * T then the whole of the agree ient shall be considered terminated upon expiration of the term, or of the then current extension of the terra of this agreement, unless mutually extended in writing by tho parties hereto* Section 3* All wage provisions of this contract shall be subject to the approval of National War Labor Board nod shall be retroactive by agreement by all parties hereto to the 1st. day of February IN T M B 8G WHEREOF the parties have hereunto set their liquids and seals an the day, month, and year hereinabove first written.